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Defamation Per Se in the Facebook Era

A recent decision out of the United States District Court for the Southern District of Florida takes a look at defamation per se in the era of Facebook and social media. The entire case revolves around a single Facebook post by an individual named Eugene Weiner: “Yurim and Isaac took advantage of a old 94plus sick

Trademark Trash: Hard Rock’s Terrible Trademark Lawsuit Fails Miserably

In a turn of events that will shock nobody other than perhaps Hard Rock’s lawyers, the iconic brand’s trademark lawsuit against RockStar Hotels has failed miserably. As some folks might recall, when Hard Rock filed its trademark suit more than a year ago, I predicted that this would not end well for Hard Rock. Once again,

Franchise Non-Compete Agreements: Mostly Unenforceable as Written

Every month, I see a dozen different franchise non-compete agreements. The vast majority of them are absurd, over-broad and should be deemed unenforceable. For all of my fellow non-compete defense lawyers, here you go: The Relevant Legal Framework & How We Got Here For the past several decades, courts in most jurisdictions have handed out

Tesla Sues Ex-Employee (Whistleblower?) for Theft of Trade Secrets

Tesla has sued a former employee in Nevada federal court alleging theft of trade secrets. That employee – in turn – claims that he’s a whistleblower. Let’s take a look. Martin Tripp joined Tesla’s Nevada operation as a process technician in October 2017. And apparently, Tripp was a problem from the jump. He complained that

Defamation & Employee Termination: A $27 Million Minefield

There’s a reason why corporate HR is tight-lipped about former employees. Calling to check a potential new hire’s reference? Good luck getting more than dates of employment. The reason: Defamation. There are a growing number of defamation claims tied to employee departures and particularly to employee terminations. And the damages can be huge. Take a